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Patna High CourtCWJC/2150/2021disposed

Pradeep Sonkar v. The State Of Bihar Through The D.G.P. Bihar,

2021-03-26The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2150 of 2021 ====================================================== Pradeep Sonkar S/o Suraj Sonkar resident of Manaitand Singham Talab, P.S. - Manaitand, District- Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the D.G.P. Bihar, Patel Bhawan, Baily Road, Patna.

2.

The Superintendent of Police, Bhojpur, Ara.

3.

The District Magistrate, Bhojpur, Ara.

4.

The Officer-in-charge, Ara Muffasil, Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Singh, Adv For the Respondent/s :

Mr. Vivek Prasad GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 26-03-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) To issue a writ in the nature of Certiorari for quashing the order dated 17.12.2020 passed by the Excise Commissioner, Bihar, Patna, in Excise Appeal No. 102 of 2020.

(ii) To issue a writ in the nature of certiorari for quashing the order dated 21.05.2020 passed by Collector, Bhojpur, Ara in Misc. Excise Case No. 199/2019 (Annexure-4). Further stay the operation of auction proceeding vide Gyapank No. 2820 Prohibition and Excise Department issued by the office of District Magistrate, Bhojpur, Ara particularly at S. No. 19 of vehicle auction Notice.(Annexure-4) and release the same in favour of the petitioner. "

Patna High Court CWJC No.2150 of 2021 dt.26-03-2021 2/2 Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional Authority shall condone the delay in filing the revision petition and shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated property shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.04.2021 Transmission Date NA